Troxell v. Dick
Illinois Supreme Court
Writ or Error to the Circuit Court of Moultrie county; the Hon. W. G. Cochran, Judge, presiding. This is a common law writ of certiorari in the circuit court of Moultrie county, issued on the petition of plaintiffs in error, Lizzie Troxell, William Troxell and Julius Bicknell against Samuel Dick and two others, supervisors- of townships in that county other than Lovington township, and W. O. Neff and two others, commissioners of highways of Lovington township, E. M. Newland,…
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Writ or Error to the Circuit Court of Moultrie county; the Hon. W. G. Cochran, Judge, presiding. This is a common law writ of certiorari in the circuit court of Moultrie county, issued on the petition of plaintiffs in error, Lizzie Troxell, William Troxell and Julius Bicknell against Samuel Dick and two others, supervisors- of townships in that county other than Lovington township, and W. O. Neff and two others, commissioners of highways of Lovington township, E. M. Newland, town clerk of said township, and W. B. Shook, a justice of the peace in and for said township, requiring them to send…
1Opinion of the CourtJustice Magruder
The office of the common law writ of certiorari is to bring up the record of a proceeding from an inferior to a superior tribunal. When the return, is made, the superior tribunal tries the case upon the record alone, and not upon the allegations contained in the petition for the writ, or on facts not contained in the record so returned. It is the duty of the superior tribunal to inspect the record as it is returned in obedience to the writ, and to determine whether the inferior tribunal had jurisdiction, or whether it exceeded its jurisdiction or otherwise proceeded in violation of law.…
2Cases cited5 opinions
- Frizell v. RogersIllinois Supreme Court · 1876
- Commissioners of Highways of the Town of Geneseo v. HarperIllinois Supreme Court · 1865
- Commissioners of Highways of Sonora v. Supervisors of Carthage, Prairie & MontebelloIllinois Supreme Court · 1862
- Imhoff v. Commissioners of HighwaysAppellate Court of Illinois · 1900
- Schuchman v. Commissioners of HighwaysAppellate Court of Illinois · 1894
3Cited by10 opinions
- Funkhouser v. CoffinIllinois Supreme Court · 1921
- Murphy v. HoustonAppellate Court of Illinois · 1928
- Cord v. CoffinAppellate Court of Illinois · 1922
- Karnes v. KeckDistrict Court, E.D. Illinois · 1935
- People Ex Rel. Kennedy v. HurleyAppellate Court of Illinois · 1952
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